Miners’ Rights and Remedies

Under the Mine Act

Presented by

DIANE WATSON

WILLA B. PERLMUTTER

CalCIMA Spring Thaw

Ontario/Sacramento 2020

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MINERS’ RIGHTS

• Every miner has the right to certain protections

under the Mine Safety and Health Act of 1977

• A “miner” is someone who works at a mine

– hourly hands

– supervisors

– contractors

– office workers

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MINE ACT § 103(f)

• you have the right to have a representative

of miners accompany MSHA inspectors

during inspections

• regulations set out at 30 C.F.R. Part 40

• can have more than one miners rep at a site

• one miners rep can travel with the inspector with no loss of pay

• two or more miners designate a miners rep in writing

• miners rep does not have to be mine employee

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MINE ACT § 103(g)

• you have the right to get an inspection of the

mine where there are reasonable grounds to

believe that an imminent danger, a violation of

the Act or a safety or health standard exists

• some rules are set out at 30 C.F.R. Part 43

– apply to complaints made by miners reps unless

there is no miners rep

• anonymity of complaining miner is protected

• miners are protected against retaliation

• (800) 746-1553

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MINE ACT § 111

• you have the right to be paid during certain

periods when a mine or part of a mine has

been closed by a withdrawal order

• § 104(d) order (unwarrantable failure)

• § 104(b) order (failure to abate)

• § 103(j) and (k) order (post-accident control)

• § 104(g) order (untrained miner)

• § 107(a) order (imminent danger)

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MINE ACT § 105(c)

• you have the right to be protected against

retaliation based on the exercise of rights

under the Mine Act

(stay tuned – we’re going to talk about this one)

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MINE ACT § 115

• you have the right to receive safety

and health training

• 30 C.F.R. Part 46 or Part 48

• new miner training

• annual refresher training

• site-specific hazard training

• task training

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A WHOLE BUNCH OF MINE ACT SECTIONS

• you have the right to be informed of,

and to participate in, enforcement and

legal proceedings under the Mine Act

– § 105(d) citation and penalty contests

– § 106(a) appeals of Commission decisions

– § 107(e) imminent danger contests

– § 113(d) appeals of ALJ decisions

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TWO MORE IMPORTANT RIGHTS

• you have the right to make safety complaints to

management

• you have the right to refuse to work in the face of

a serious hazard

– note, however, that if you decide to refuse to carry

out an assigned task

• you must communicate the basis for your refusal to

your employer; and

• your refusal must be based on a good faith belief

that a hazard exists

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DISCRIMINATION COMPLAINTS

Mine Act § 105(c)(1):

No person shall discharge or in any manner

discriminate against or cause to be discharged or

cause discrimination against or otherwise interfere

with the exercise of the statutory rights of any miner,

representative of miners or applicant for

employment in any coal or other mine subject to this

Act … because of the exercise by such miner,

representative of miners or applicant for

employment on behalf of himself or others of any

statutory right afforded by this Act.

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RETALIATION – JUST … DON’T.

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WHAT THEY CAN’T DO

• discharge or terminate

• lay off

• demote

• refuse employment

• reduce benefits, vacation, pay or bonuses

• change pay or hours

• threaten reprisal

• transfer you to a position that is less desirable or pays

less

• interfere with the exercise of your rights

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WHAT YOU HAVE TO DO

• file a complaint with MSHA within 60

days of the conduct you believe was

discriminatory

–providing as much specific information

as you can about what protected

activity you engaged in and

–setting out what retaliation you

experienced as a result of engaging in

protected activity

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WHAT MSHA HAS TO DO

• notify your employer about your complaint

• investigate your complaint of

discrimination

• advise you within 90 days whether they

agree that you have been unlawfully

retaliated against

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OKAY, WHAT HAPPENS NEXT?

• Were you fired? Then …

• if MSHA investigation

determines your complaint is

not frivolous, it will file a

request for temporary

reinstatement on your behalf

• hearing within 20 days of

request

• decision within 7 days of

hearing

• temporary or economic

reinstatement

• Do you still have your job?

Then …

• if MSHA investigation

determines you have been

unlawfully retaliated against,

MSHA will file suit on your

behalf

• if MSHA finds you were not

retaliated against, you can

file suit on your own

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AND IF I WIN? WHAT’S THE REMEDY?

• reinstatement

• back pay

• restoration of seniority

• attorneys fees

• civil penalties paid to MSHA

• “other appropriate relief”

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MSHA TELLS YOU WHERE TO GO

booklet at:

www. msha.gov

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